Washington, D.C. – U.S. Sen. Jeff Flake (R-Ariz.) yesterday introduced the ADA Education and Reform Act to put an end to the threat of frivolous lawsuits seeking to abuse the Americans with Disabilities Act (ADA) and extort cash settlements from small businesses. Typically these lawsuits involve easily correctable infractions (i.e., mounting a handicap parking sign several inches too high). However, rather than simply allowing the violation to be remedied, cash settlements are sought under threats of a lawsuit unless property owners pay. Not surprisingly, the dollar amount of the extorted settlement are often just under what it would cost to litigate the case. 

Flake’s bill would restore the spirit of the ADA by requiring businesses to be notified of a violation and granted 120 days in which to correct it. If the violation is not resolved in a timely fashion, only then can suits be brought. The bill also increases the effectiveness of the ADA by establishing an educational program to promote compliance with that law. U.S. Sen. Roger Wicker (R-Miss.) is a cosponsor of ADA Education and Reform Act.

“For these trolls to abuse the ADA as a means to line their pockets is beyond the pale. Small businesses ought to have the chance fix these problems before being saddled with costly and needless lawsuits,” said Flake.

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